International Commercial Dispute Resolution

Author : Jonathan Warne
Publisher : Bloomsbury Professional
Page : 0 pages
File Size : 47,6 Mb
Release : 2009
Category : Arbitration and award, International
ISBN : 1847661343

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International Commercial Dispute Resolution by Jonathan Warne Pdf

The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

Author : Dilyara Nigmatullina
Publisher : Routledge Research in International Commercial Law
Page : 279 pages
File Size : 52,6 Mb
Release : 2018-06-22
Category : Dispute resolution (Law)
ISBN : 1138478407

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Combining Mediation and Arbitration in International Commercial Dispute Resolution by Dilyara Nigmatullina Pdf

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a 'one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Author : Anthony Connerty
Publisher : Commonwealth Secretariat
Page : 392 pages
File Size : 54,8 Mb
Release : 2006
Category : Law
ISBN : 0850928370

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A Manual of International Dispute Resolution by Anthony Connerty Pdf

A practical guide to international dispute resolution and settlement, especially in the fields of trade and commerce, investment, and intellectual property. The book will be of interest to readers worldwide who need to understand international dispute resolution processes and institutions.

Author : Rodney J. Gates,APEC Committee on Trade and Investment. Dispute Mediation Experts Group
Publisher : APEC Committee on Trade and Investment. Dispute Meditation Experts Group
Page : 286 pages
File Size : 52,5 Mb
Release : 1997
Category : History
ISBN : STANFORD:36105020299819

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International Commercial Disputes by Rodney J. Gates,APEC Committee on Trade and Investment. Dispute Mediation Experts Group Pdf

Author : Catharine Titi,Katia Fach Gomez
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 48,5 Mb
Release : 2019
Category : Law
ISBN : 9780198827955

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Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gomez Pdf

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Author : Anselmo Reyes,Weixia Gu
Publisher : Cambridge University Press
Page : 545 pages
File Size : 49,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108490603

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Multi-Tier Approaches to the Resolution of International Disputes by Anselmo Reyes,Weixia Gu Pdf

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author : Stavros Brekoulakis,Georgios Dimitropoulos
Publisher : Cambridge University Press
Page : 591 pages
File Size : 55,7 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781316519257

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International Commercial Courts by Stavros Brekoulakis,Georgios Dimitropoulos Pdf

The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 55,7 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Author : International Trade Centre
Publisher : United Nations
Page : 284 pages
File Size : 44,6 Mb
Release : 2001-08-24
Category : Political Science
ISBN : 9789213618332

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Arbitration and Alternative Dispute Resolution by International Trade Centre Pdf

This handbook focuses on available methods for preventing and resolving commercial disputes in international commerce. It examines the different types of disputes encountered in international trade and outlines the fundamental principles applicable to international commercial arbitration. Text of the major international arbitration convention and rules, as well as a list of arbitration institutions worldwide are also included.

Author : Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll
Publisher : Kluwer Law International B.V.
Page : 994 pages
File Size : 48,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041115683

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Comparative International Commercial Arbitration by Julian D. M. Lew,Loukas A. Mistelis,Stefan Michael Kröll,Stefan Kröll Pdf

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 41,9 Mb
Release : 2017-05-26
Category : LAW
ISBN : 9781786432407

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Rethinking International Commercial Arbitration by Gilles Cuniberti Pdf

Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

Author : Qiao Liu,Wenhua Shan
Publisher : BRILL
Page : 368 pages
File Size : 49,6 Mb
Release : 2015-10-30
Category : Law
ISBN : 9789004306738

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China and International Commercial Dispute Resolution by Qiao Liu,Wenhua Shan Pdf

China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 47,9 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

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International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 492 pages
File Size : 43,9 Mb
Release : 2010-10-01
Category : Arbitration and award, International
ISBN : 9781933833484

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AAA Handbook on International Arbitration and ADR - Second Edition by American Arbitration Association Pdf

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Author : Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 47,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041122568

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Arbitration and Mediation in International Business by Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pdf

"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.